1 INTRODUCTION
This OLG.ca Player Agreement – Terms and Conditions of Use for OLG.ca contains the terms and conditions that govern the use of OLG's OLG.ca online gaming platform. By checking the “accept“ box, an Intending Player, Prospective Player, or a Player is confirming that they understand and agree to be bound by the terms and conditions of this Agreement. If a Prospective Player, Intending Player, or a Player does not agree with any of the terms and conditions of this Agreement, the individual (i) is not permitted to register an account with OLG.ca, and (ii) if the individual already has a Player Account (as defined in Section 2 below), they are not permitted to log into their Player Account and play any Games or purchase any products that are offered on or through OLG.ca.
OLG reserves the right to revise this Agreement from time to time in such manner as OLG, in its sole discretion, determines to be appropriate. OLG will post a notice on OLG.ca advising Players when this Agreement has been revised, and Prospective Players (prior to registering an account with OLG.ca), Intending Players (prior to completion of the registration for a Player Account) and Players (prior to logging into their Player Account) will be required to acknowledge and agree to be bound by the revised terms and conditions from and after that date. Each Prospective Player, Intending Player, and Player is responsible for familiarizing themselves with all of the terms and conditions of this Agreement and ensuring that they understand and agree to be bound by them prior to registering an account with OLG.ca or logging-in to their Player Account.
In the case of a Prospective Player, Intending Player, or a Player breaching or otherwise failing to comply with the terms and conditions of this Agreement, OLG will have the right to exercise any or all of the remedies described in this Agreement or otherwise available to it at law or in equity. Those remedies may include, for example, (i) the right to terminate a Prospective Player's, Intending Player’s, or a Player's eligibility to register or maintain a Player Account, (ii) to lock, Suspend, and/or Deactivate a Player Account, and (iii) to retain any or all Unutilized Funds (as defined in Section 2 below) associated with a Player Account.
THIS IS AN IMPORTANT DOCUMENT THAT GIVES UP SOME OF YOUR LEGAL RIGHTS, PLEASE READ WITH CARE. THIS AGREEMENT CONTAINS LIMITATIONS OF LIABILITY INCLUDING LIMITING OLG’S LIABILITY TO YOU FOR NEGLIGENCE.
2 DEFINITIONS
The following terms have the respective meanings specified below, and grammatical variations of such terms have corresponding meanings:
“AGCO” means the Alcohol and Gaming Commission of Ontario and the successors thereof;
“AGCO Standards” means the Registrar’s Standards for Gaming and the Registrar’s Standards for Gaming: Lottery Sector, as prepared and issued by the Registrar of the AGCO, as amended or replaced from time to time;
“AGCO iGaming Standards” means the Registrar’s Standards for Internet Gaming;
“Agreement” means this Player Agreement – Terms and Conditions of Use for OLG.ca, as amended or replaced from time to time by OLG;
“Bonus Funds” means a notional amount corresponding to Canadian dollars that is loaded into a Player Account by OLG. Bonus Funds, subject to the applicable Bonus Funds Terms, can be used by a Player to play Pay-to-Play Games or Draw-Based Lottery Games Played Online, or both, without charge to the Player;
“Bonus Funds Terms” has the meaning specified in Section Subject to Section 3 of this Agreement, the Bonus Funds Terms are incorporated into and form part of this Agreement;
“Break” has the meaning specified in the Responsible Gambling and Self-Exclusion Policy;
“Business Day” means any day other than a Saturday, a Sunday, a statutory holiday in Ontario or any day on which banks are not open for business in Toronto, Ontario;
“Chargeback” has the meaning specified in Section ;
“Closed Account” means a Player Account that is described in Section ;
“Close” or “Closure” means the act of a Player closing their Player Account as described in Section ;
“Deactivate” or “Deactivation” means that a Player Account has been set to a Deactivated Account as described in Section ;
“Deactivated Account” has the meaning specified in Section ;
“Direct Pay” means the online payment for the purchase of Draw-Based Lottery Games Played Online (subject to system availability), executed through the permitted payment card of the Player without the need to fund the Player Account, rather than through the use of Unutilized Funds and/or Bonus Funds.
“Dormant Account” means a Player Account that is described in Section but does not include the Player Account of a Self-Excluded Individual;
“Downtime” has the meaning specified in Section ;
“Draw-Based Lottery Game Played Online” means any of the games made available through OLG.ca from time to time that: (i) constitutes a “lottery scheme” for purposes of the Criminal Code (Canada), (ii) requires the Player to select a set of numbers or other play elements (whether chosen by the Player and/or randomly generated), and (iii) has its outcome or result being determined by a draw, but does not include any Pay-to-Play Game or any Play-for-Free Game.
“Error” has the meaning specified in Section ;
“Error Funds” has the meaning specified in Section ;
“Event” has the meaning specified in the applicable Pay-To-Play Game Rules;
“Excluded Individual” means an individual who is not permitted to register an account with OLG.ca or, if the individual already has a Player Account, to maintain that Player Account in an activated state, including:
- an individual who does not satisfy all of the eligibility criteria that are described in Section of this Agreement;
- an individual who has been excluded from OLG.ca by court order or any applicable law or regulation or any rule or policy enacted pursuant thereto, including the AGCO Standards;
- an individual who is prohibited from accessing a gaming site or playing lottery schemes under Standard or Standard of the AGCO iGaming Standards, or any other relevant provision of the AGCO iGaming Standards or AGCO Standards, from time to time;
- an individual who has registered for Self-Exclusion from a Casino (as defined in the AGCO Standards), for the duration of the period of Self-Exclusion (see the Responsible Gambling and Self Exclusion Policy for further information);
- a Self-Excluded Individual;
- an individual who is an employee of OLG or who, by contract or another arrangement with OLG, is prohibited from registering an account with OLG.ca; and
- an individual who is an employee of an “iGaming vendor” or “an iGaming entity” (as such terms are defined in the OLG Rules Respecting iGaming Lottery Games as amended or replaced from time to time).
“FINTRAC” means the Financial Transactions and Reports Analysis Centre of Canada and the successors thereof;
“Future Game Transaction” has the meaning specified in Section ;
“Games” means, collectively, Draw-Based Lottery Games Played Online, Pay-to-Play Games and Play-for-Free Games;
“iGaming System” means the system that is used by OLG for the purpose of registering and administering Player Accounts, facilitating the playing of Games by Players, and paying as;
“Inactive Account” means a Player Account that is described in Section but does not include the Player Account of a Self-Excluded Individual;
“Intending Player” means an individual described in Section ;
“Lottery Game Rules” means any terms, conditions, explanations, rules and procedures, including the prize structure, issued by OLG or the Interprovincial Lottery Corporation from time to time (in addition to this Agreement) which apply to a Draw-Based Lottery Game Played Online and which are designated by OLG as Lottery Game Rules. Subject to Section 3, the Lottery Game Rules are incorporated into and form part of this Agreement;
“Mobile Applications” means any application developed by or on behalf of OLG that Prospective Players and Players can install on their mobile device, such as mobile phone or tablet, and through which select Games are made available to eligible Players from time to time;
“Multi-Factor Authentication” has the meaning specified in Section
“Time-based One-time Password” has the meaning specified in Section
“OLG” means Ontario Lottery and Gaming Corporation and the successors thereof;
“OLG.ca” means OLG's websites and Mobile Applications through which select Games are made available to eligible Players from time to time;
“OLG Internet Gaming Privacy and Cookie Policy” means the OLG.ca cookie and privacy policy, as amended or replaced by OLG from time to time. Subject to Section 3, the OLG Internet Gaming Privacy and Cookie Policy is incorporated into and forms part of this Agreement;
“OLG IP Rights” has the meaning specified in Section ;
“Pay-to-Play Game” means any of the games or products made available through OLG.ca from time to time that: (i) constitutes a “lottery scheme” for purposes of the Criminal Code (Canada), (ii) requires the Player to place a bet or make a wager as a condition to entering the game, and (iii) affords the Player a chance to win a Prize but does not include any Draw-Based Lottery Game Played Online or any Play-for-Free Game. Examples of Pay-to-Play Games include Sports Betting Games Played Online and casino style games such as roulette and slots;
“Pay-to-Play Game Rules” means the terms, conditions, explanations, rules and procedures (for example, how a Prize is won, the value and odds of winning Prizes for an individual Pay-to-Play Game, the Prize tiers within a Pay-to-Play Game) issued by OLG from time to time (in addition to this Agreement) which apply to a particular Pay-to-Play Game and which are designated by OLG as Pay-to-Play Game Rules. Subject to Section 3, the Pay-to-Play Game Rules are incorporated into and form part of this Agreement;
“Player” means an individual (for certainty, other than an individual who is or becomes an Excluded Individual) who has successfully registered a Player Account that has not been Suspended, Deactivated, or Closed;
“Player Account” means a Player's account of notional funds corresponding to Canadian dollars that is maintained on the iGaming System, and also includes the Player's registration information, deposit and withdrawal transaction history, and game-play information that the Player can access through OLG.ca from time to time;
“Player Contact Information” means a Player's contact information that is associated with a Player Account and stored in the iGaming System at the relevant time including, for example, the Player's name, e-mail address, mailing address and telephone number;
“Player-Initiated Transaction” has the meaning specified in Section ;
“Play-for-Free Game” means any of the free games made available through OLG.ca from time to time that contain some the features of a “lottery scheme” for purposes of the Criminal Code (Canada) but do not afford a chance to win a Prize or require any payment to play;
“Player Support” means OLG.ca's customer support services, which can be contacted in accordance with Section ;
“Prize” means a prize won by a Player from a Game in accordance with the applicable Lottery Game Rules or Pay-to-Play Game Rules;
“Prospective Player” means any individual who visits OLG.ca but is not a Player;
“Responsible Gambling and Self-Exclusion Policy” means the OLG responsible gambling policy relating specifically to OLG.ca, as amended or replaced by OLG from time to time. Subject to Section 3, the Responsible Gambling and Self Exclusion Policy is incorporated into and forms part of this Agreement;
“Self-Excluded Individual” has the meaning specified in the Responsible Gambling and Self-Exclusion Policy;
“Self-Exclusion” has the meaning specified in the Responsible Gambling and Self-Exclusion Policy;
“Sports Betting Games Played Online” means Pay-to-Play Games made available through OLG’s online sports betting platform.
“Suspended Account” has the meaning specified in Section ;
“Suspend” or “Suspension” means that a Player Account has been set to a Suspended Account as described in Section ;
“Unutilized Funds” means any notional funds corresponding to Canadian dollars that are credited to a Player Account, including Prizes but excluding Bonus Funds, that have not been used by the Player; and
“Username and Password” means a unique combination of identifiers created by a Player that is used by a Player to identify themselves to the iGaming System each time the Player wants to access their Player Account.
3 ADDITIONAL DOCUMENTS COMPRISING PART OF THIS AGREEMENT
This Agreement incorporates by reference the terms, conditions, policies, statements and explanations of other documents, including:
- the applicable Lottery Game Rules and Pay-to-Play Game Rules;
- the Responsible Gambling and Self-Exclusion Policy;
- the applicable Bonus Funds Terms;
- OLG Internet Gaming Privacy and Cookie Policy;
- any applicable website user agreement; and
- any applicable mobile application user agreement.
In the event of any conflict or inconsistency between any provision of this Agreement and any of such other terms, conditions, policies, statements and explanations, the order of precedence shall be in descending order of clauses i. to vi. above, except that this Agreement, any applicable website user agreement and any applicable mobile application user agreement shall rank below the applicable Lottery Game Rules and Pay-to-Play Game Rules for such purpose.
4 REGISTRATION OF A PLAYER ACCOUNT
ELIGIBILITY TO REGISTER A PLAYER ACCOUNT
Only Players are allowed to play Draw Based Lottery Games Played Online, Pay-to-Play Games through OLG.ca. An individual who desires to become a Player (an “Intending Player”) must satisfy the following criteria, as determined by OLG in its sole discretion:
- the Intending Player must not already be a Player. A Player is only entitled to have one Player Account. The registration or attempted registration of more than one Player Account will constitute a material breach of this Agreement;
- the Intending Player must be at least 18 years of age. Only Players who are at least 19 years of age will be able to play Pay-to-Play Games, Play-for-Free Games. All Players who are at least 18 years of age are eligible to play Draw-Based Lottery Games Played Online;
- the Intending Player must reside in Ontario;
- the Intending Player must be physically located in the Province of Ontario each time the Player plays any of the Games (including when signing up for Future Game Transactions);
- the Intending Player must not be an Excluded Individual;
- the Intending Player must be an individual who is acting on their own behalf. The Intending Player must not be acting for or on behalf of anyone other than themselves, whether as an agent or otherwise; and
- the Intending Player must submit true, complete and accurate information when providing registration information.
- in the case of Sports Betting Games Played Online, the Intending Player must comply with the provisions of paragraphs 5(a), (b), (c) and (d) of Section each time the Intending Player plays any of the Games.
An Intending Player who does not satisfy all of the foregoing criteria is not eligible to register an account with OLG.ca or to become a Player. OLG, in its sole discretion, may require additional information or documentation from an Intending Player or Player prior to completing the registration of a Player Account or at any time thereafter, including for the purposes of confirming a Player's identity or other Player Contact Information and in order to investigate any other suspected breaches of this Agreement (including any suspected fraudulent or dishonest activity). A failure of the Intending Player to satisfy any of the foregoing will constitute a material breach of this Agreement.
OLG will disclose an Intending Player's registration information to third-party service providers for the purposes of authenticating some or all of the registration information that has been provided to OLG by an Intending Player and to otherwise confirm that an Intending Player has satisfied the foregoing criteria and is eligible to register a Player Account. In addition, OLG may similarly disclose information in respect of a Player from time to time for the purposes of (i) confirming the Player's continued eligibility to maintain a Player Account, (ii) investigating any suspected breaches of this Agreement (including any suspected fraudulent or dishonest activity), and (iii) exercising any of OLG's other rights described in this Agreement or in any of the other documents incorporated in this Agreement by reference pursuant to Section 3.
By providing any information or documentation to OLG, the Intending Player (or the Player, as the case may be) consents to the use and disclosure of such information by OLG for any and all of the purposes contemplated in this Agreement or in any of the other documents incorporated in this Agreement by reference pursuant to Section 3. Please see the OLG Internet Gaming Privacy and Cookie Policy for additional information regarding the collection, use, disclosure and storage of personal information by OLG.
PLAYER ACCOUNT INFORMATION
Information that is submitted by an Intending Player who is registering an account with OLG.ca must be true, accurate and complete at the time it is provided to OLG and such information must remain true, accurate and complete following the registration of a Player Account. If any of such registration information changes following the registration of a Player Account, it is the Player's sole responsibility to ensure that the Player remains entitled to have a Player Account pursuant to the terms of this Agreement and, if necessary, to update the Player's information in the Player Account by going to the “My Account” or “Account Information” page.
OLG may, from time to time, disclose a Player's registration information to third-party service providers for the purposes of confirming that the Player's registration information remains true and accurate. In addition, OLG may, at any time in its sole discretion, request additional information and documentation from a Player for this purpose.
You consent that OLG, and its third-party service providers, can collect personal information as defined in the OLG Privacy and Cookie Policy. You consent that this information can be used, stored, retained, and disclosed outside of the Province of Ontario and Canada. This consent enables the following services to be provided: (i) verification of identity; (ii) payment processing; (iii) location verification; (iv) analytics; (v) customer relationship management and player support; (vi) email services; and (vii) technical support.
